CNJ approves resolution that prohibits denying adoption by homosexual people

CNJ approves resolution that prohibits denying adoption by homosexual people

Senator Fabiano Contarato (PT/ES) participated in the CNJ session alongside the president of the CNJ and the STF, minister Luís Roberto Barroso.| Photo: Gláucio Dettmar/Ag. CNJ.

The plenary of the National Council of Justice (CNJ) approved this Tuesday (14) a resolution that prohibits judges and judges from refusing requests for adoption or guardianship of children and adolescents by a couple or single-parent, same-sex or transgender family. The measure comes into force upon its publication.

Among the document’s guidelines, the CNJ determined that the courts and judiciary must “ensure equal rights in combating any form of discrimination against sexual orientation and gender identity.” According to the text, in the processes of qualifying applicants and in cases of adoption of children and adolescents, custody and guardianship, manifestations contrary to requests based on the candidates’ sexual orientation are prohibited.

The CNJ’s decision complies with a letter presented to the Council, last June, by senator Fabiano Contarato (PT/ES). The parliamentarian’s letter was presented after he was refused by a prosecutor when he wanted to adopt a child with his partner.

“What motivated me to do [apresentar] This representation was that, when adopting my first child, a member of the Public Ministry said he was against it because [um] A child can only have a father and a mother, never two fathers or, even worse, in the words of the prosecutor, two mothers”, said the parliamentarian, who followed the vote in person at the CNJ Plenary.

For the PT parliamentarian, the resolution “is the materialization of a constitutional commandment, which involves the dignity of the human person”.

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